section 3
General powers of the State Government to protect and improve
The Sikkim Ecology Fund And Environment Cess Act, 2005(1) Subject to the provisions of this Act, the State Government shall have power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of environment, controlling and abating environmental pollution and take measures for restoration of ecological balance of the State. (2) In particular and without prejudice to generality of the provisions of the sub-section (1), such measures may include measures with respect to all or any of the following matters namely:- (a) Coordination of actions of different Departments of the State Government, officers, and other authorities under this Act or rules made thereunder or under any law for the time being in force for the purpose of achieving objectives of environmental conservation and improvement; (b) laying down procedures for implementation of this Act; (c) impose levy of environment cess or fee wherever the abuse of environment can not be prevented; (d) create a separate non lapsable 'Sikkim Ecological Fund' for depositing such fee or cess as imposed by clause (c) and ensuring utilization of such fees or cess for environmental amelioration measures; (e) impose restrictions of areas in which any industry, operations or process or class of industries or operations shall not be carried out or shall be carried out with certain safeguards on payment of cess or fee as may be prescribed by the State Government by notification; (f) impose restrictions or entry of vehicles of any kind or by persons in any area as specified and regulate the entry on payment of environmental fee as may be prescribed by the State Government by notification; (g) The State Government may by order, direct that any power or duty which by this Act or by any rule, notification or order made thereunder is conferred or imposed on the State Government shall (except the power to make rules under this Act) in such circumstances and under such conditions, if any, as may be specified in the order and subject to such control and direction by the Government and the provisions of such order shall be binding on all concerning departments, authorities and persons, in the purpose of performance or exercise of any power so conferred or duty so imposed.
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